Tale Of 'Justice Denied' Comes Up After 44 Years!

Koushik Das

March 31

The Supreme Court (SC) of Pakistan recently acknowledged that the South Asian country's late Prime Minister Zulfikar Ali Bhutto (January 5, 1928 - April 4, 1979) did not receive the justice he deserved! Bhutto was ousted in a military coup triggered by his Army Chief General Muhammad Zia-ul-Haq (August 12, 1924 - August 17, 1988) on July 5, 1977 before being hanged in 1979. The founder of the Pakistan People's Party (PPP) was found guilty in a murder case.

Within days of his ouster, Bhutto was arrested by the Military Government led by General Zia. Later, he was accused of orchestrating the murder of Nawab Mohammad Kasuri, one of his political rivals. Although Bhutto was convicted in that case, the former Prime Minister and his family members blasted the Zia Administration for hatching a political conspiracy.

Asif Ali Zardari, the President of Pakistan and the son-in-law of Bhutto, filed a petition before the Supreme Court in 2011, requesting a review of the death sentence for Bhutto. As per the Constitution of Pakistan, the President can request the highest court to consider or provide an opinion on any issue pertaining to public interest. A nine-member SC Bench delivered its verdict on this particular issue on March 6, 2024. The Bench accepted the glaring injustice inflicted upon Shaheed (Martyr) Bhutto 44 years ago, with Chief Justice of Pakistan (CJP) Qazi Faez Isa declaring that the former Prime Minister was deprived of a "fair trial". Within a week, the National Assembly of Pakistan passed a pivotal resolution, acknowledging the trial and subsequent conviction of the former Prime Minister as "a gross miscarriage of justice".

Shashi Shekhar, the Editor-in-Chief of Hindustan Media Ventures Limited, believes that the rethink of the Supreme Court on its Bhutto verdict raises some questions about the integrity of those holding Public Office. In an article published in Hindustan Times daily on March 11, 2024, Shekhar mentioned that the Apex Court, responsible for sentencing Bhutto to death more than four decades ago, surprised the Pakistani society (as well as the global community) by deviating from lawful procedures 44 years ago. This deviation clearly shows a collusion between the Judiciary and the Political Class.

It may be noted that the Pakistani Political analysts were of the opinion in the 1970s that General Zia wanted to eliminate Bhutto, at any cost. The then Military Dictator took the legal route, as he was well aware of the fact that any direct action against the PPP leader could have ignited a mass unrest. The trial of Bhutto gathered momentum immediately after General Zia declared Martial Law. Within a couple of years, a seven-member SC Bench sentenced the former Head of State to death and the sentence was carried out on the morning of April 4, 1979 in Rawalpindi jail. Later, an officer who carried out the capital punishment process claimed that Bhutto used to say in prison that he was innocent.

According to Shekhar, the latest ruling of the SC has also triggered the paramount concern centring around the preservation of judicial integrity. If courts lack independence and judges are not impartial, is it possible for the common man to receive justice? And in 1979, the victim was Zulfikar Ali Bhutto, who left an indelible mark on the Indian Subcontinent as one of its most charismatic leaders. It is an astonishing fact that such a prominent leader fell victim to injustice and an unfair trial.

Events surrounding the death of Bhutto still remind people that power becomes anarchic without morals, and the Constitution becomes a tool for anarchy. Indeed, it is dangerous. The most important task of balancing power and responsibility can only be accomplished through the collaboration between society and politics. Politicians should be responsible and accountable to do this. Else, democracy shall not succeed in South Asia.